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VOL. LXIV NO. 75 LOS ANGELES, CALIFORNIA THURSDAY, FEBRUARY 24, 1972
Arts festival continues
University of Sourhern California
DAILY ®p TROJAN
Kunstler calls trials for conspiracy ‘device’
Angela Davis released on bail, waits at secret location for trial
SAN JOSE (UPD— Angela Davis was freed on $102,500 bail Wednesday night and driven past cheering supporters by defense attorneys who said, “We’re ready, we’ve been ready,” for the start of her trial Monday.
The 28-year-old former UCLA instructor, jailed 16 months on murder and kidnapping conspiracy charges, was whisked by car from the Palo Alto facility to an undisclosed location.
The bail money was put up by Roger McAfee, a farmer in the Fresno area, who said he was impressed by Davis and the struggle she represented, a spokesman from her defense committee said.
Her attorneys said Davis would appear at a news conference here at 2 p.m. today, but did not indicate if she would speak.
Superior Court Judge Richard Arnason granted defense attorneys’ request for bail.
Arnason ruled that a California Supreme Court decision last week outlawing the death penalty in California had also struck down a state law forbidding bail to those accused of capital crimes.
Arnason’s order specified that Davis must not leave the San Francisco Bay area, and that she must make regular reports to the court on her whereabouts.
He turned down a request by the prosecution that Davis not be granted bail until the Supreme Court decision becomes final next month.
Arnason had previously said he could not allow bail to the 28-year-old Communist and former UCLA instructor because of a state law forbidding bond for defendants accused of a capital crime.
Albert Harris Jr., an assistant state attorney general, said he told Arnason that any decision on bail for Davis should be deferred until the death penalty ruling becomes final March 17.
The State Supreme Court decision outlawed capital punishment as a violation of the State Constitution. Attorney General Evelle Younger has petitioned for a rehearing.
If the decision stands, Harris said, all those in the state would be eligible for bail, no matter how severe the crime or how great the possibility the defendant would flee.
A small crowd of Davis’ supporters gathered outside the heavily guarded Santa Clara County Courthouse Wednesday morning as the closed hearing started, and slowly grew in anticipation that she might be released some time in the afternoon.
Davis’ attorneys said they
were hopeful the money could be raised by last night. The county clerk’s office closed at 5 p.m., but Sheriff James Cleary was authorized to accept the bail money later.
The judge’s order included a long list of conditions. Davis was ordered not to discuss the trial in public, not to attend rallies or public meetings without permission of the court, not to “possess or control any firearms” and to take up residence in Santa Clara County. She was also ordered not to travel by air.
Davis’ long-delayed trial will get under way before Arnason after the lengthiest pre-trial hearing in California history, caused mostly by dozens of motions and legal maneuvers by the defense for more than a year.
In San Francisco, meanwhile, the state brought to the State Court of Appeal a ruling by Arnason last week granting the defense the right to see dossiers which may have been compiled on any prospective jurors by the FBI, the CIA or other civilian agencies.
Davis is accused of supplying the guns used by three San Quentin convicts and an outside accomplice in kidnapping Judge Harold Haley from his courtroom Aug. 7, 1970.
issue,” and the jury “is sequestered so as to make it absolutely impossible for the defense to win.” Because of their enforced isolation, he said, jurors begin to resent a long trial and especially resent the defense, since the defense goes last.
The government has two purposes in a conspiracy trial, said Kunstler. The first is to scare people, he said, “but number two, and more important, is to generate hatred for social movements and support for government policies.”
According to Kunstler, the government failed to achieve these purposes in the conspiracy trial of Dr. Benjamin Spock and five others in Boston. “A beloved pediatrician is hardly the prototype of the American radical revolutionary. He just didn’t look like the devil,” said Kunstler.
Spock was accused of conspiracy to subvert the Selective Service morals of American youth,
said the lawyer, who compared the trial to that of the philosopher Socrates in ancient Athens. The convictions were eventually thrown out by an appellate court.
In the Chicago 8 trial, the government included Yippies, members of the academic community, white radicals and a black in the conspiracy in order to excite the public, said Kunstler. In the Harrisburg 8 trial it is attempting to do the same with “tarnished priests and nuns” and even a Pakistani teacher, he said, who’s “brown enough to pass for black for some people’s consumption.
“If we were a people of more fire and spirit we would have gone into the streets over these things. We don’t really see how the lash is on our shoulders as well.
“I am a firm believer that nothing short of perpetual confrontation with power will hold it in check.”
TRYING TO DESTROY SYSTEM
Due to technical difficulties stemming from tree branches, the Festival of the Arts ferris wheel had to be uprooted and rebuilt. Because of the delay, the free attraction will be in operation through Friday.
Little Richard, rock and roll star, and Stanton Friedman, flying saucer expert, will highlight today’s events as the ASSC Festival of the Arts reaches its mid-way point.
Friedman, a nuclear physicist and lecturer, will speak at noon in Bovard Auditorium on the existence of UFO’s in his speech, “Flying Saucers are Real.” He will use film slides to explain why he believes that vehicles originating from off the earth exist.
Little Richard, with Flash Cadillac and the Continental Kids, will perform in Bovard at 8 tonight. Tickets for the show are $2 and $2.50 for students, and $4 and $4.50 for others.
Free brochures describing the Festival of the Arts activities for the remainder of the week are available in the Student Activities Center. DT photo by Will Hertzberg. v — ................................ ■ —■»
By GUNTHER MERLI Staff Writer
The crime of conspiracy, William Kunstler said yesterday, is a “device used to punish people for their fantasies. It is not used to punish them for what they did or tried to do, but for what they thought about doing.”
Kunstler, who won notoriety as the defense lawyer for the Chicago 8, talked about three major conspiracy trials — that of Dr. Benjamin Spock, of the Chicago 8, and ofthe Harrisburg 8 now taking place in Pennsylvania — and their importance in American society. His listeners filled Bovard Auditorium.
Kunstler, whose graying hair reaches his shoulders, admitted his purposes at the outset. “I am a notorious subversive and am here on that mission today,” he said. He added that he can’t call himself a revolutionary or a radical because as a lawyer, “I work at least temporarily within the system.”
He described America’s laws as “designed to control the controllable and to destroy those who are not (controllable).” The conspiracy law, said Kunstler, is a convenient device against those who would “destroy the government, overthrow tyranny, or alter the system” and is invoked extensively.
The informer who testifies for the government, said the lawyer, is a part of every conspiracy trial. “You cannot refute the word of an informer. There is no way to contradict him. All you can do is prove he wasn’t there.” Because of the lack of objective evidence, explained Kunstler, “it always becomes a jury
Kunstler’s
By RICH WISEMAN City Editor
“What the hell am I supposed to speak about—‘Justice on Trial?’ I’m disappointed. I had wanted to speak about Japanese flora and fauna.”
It was 11 a.m. as William Kuns-tler sat in the sun of the Sidewalk Grill patio making Smalltalk with several law students. In two hours he would step up to the podium of Bovard Auditorium to deliver his 150th speech in the last 12 months, his 300th since the Chicago Seven trial, which has established him as the legal guru of the civil rights movement.
Kunstler thumbed through a copy of the day’s Daily Trojan. His eyes rested on the article about Kent Clemence, ASSC president. He was intrigued by Clemence’s apparent defense of the Board of Trustees over their reluctance to include student representation on the board.
“How do you pronounce his name—‘Cle’man-ce?’ I’ll be sure to use some of this crap in my speech. I guess he just personifies the bullshit around.
“It’s long been a ploy for colleges to invoke the feeling that young people have no political maturity. But what about the assholes who sit on the board? What political maturity do they have?”
Has life changed for Kunstler since the Chicago Seven trial? “You’re goddamn tootin’ it has,” he said. He said he regards himself now as a “double agent” in that he still works within the “system” but is utilizing his talents to destroy it as it exists today.
“And I’ve grown to love dope,” he added. He likened today’s laws against marijuana possession to the liquor prohibition of the 20s because the “breakers of the law are more numerous than the followers.” He forecasts that in two years all penalties regard-
life altered
ing possession will be removed because they are proving impos-sible to enforce. “Even in America you reach an area of utter irrationality,” he said with a laugh.
Kunstler’s new lifestyle also embraces a new view on man-woman relationships. Although married for 30 years, he now opposes marriage on the grounds that it’s “just a contractual thing dictated by the state for economic ends.” But while he’s into communal living it hasn’t affected his marriage. “We’ve managed to remain friends and lovers,” he said.
Kunstler today has his pick of the most publicized civil rights cases, although he modestly said he takes “whatever comes along.” Carlton Lewis Armstrong, a long-sought suspect in the bombing of a University of Wisconsin research building, is his newest client.
“There are many ways to fight the system,” he said. “I haven’t gone as far as to advocate the bombing of courthouses—not
yet.”
WILLIAM KUNSTLER

VOL. LXIV NO. 75 LOS ANGELES, CALIFORNIA THURSDAY, FEBRUARY 24, 1972
Arts festival continues
University of Sourhern California
DAILY ®p TROJAN
Kunstler calls trials for conspiracy ‘device’
Angela Davis released on bail, waits at secret location for trial
SAN JOSE (UPD— Angela Davis was freed on $102,500 bail Wednesday night and driven past cheering supporters by defense attorneys who said, “We’re ready, we’ve been ready,” for the start of her trial Monday.
The 28-year-old former UCLA instructor, jailed 16 months on murder and kidnapping conspiracy charges, was whisked by car from the Palo Alto facility to an undisclosed location.
The bail money was put up by Roger McAfee, a farmer in the Fresno area, who said he was impressed by Davis and the struggle she represented, a spokesman from her defense committee said.
Her attorneys said Davis would appear at a news conference here at 2 p.m. today, but did not indicate if she would speak.
Superior Court Judge Richard Arnason granted defense attorneys’ request for bail.
Arnason ruled that a California Supreme Court decision last week outlawing the death penalty in California had also struck down a state law forbidding bail to those accused of capital crimes.
Arnason’s order specified that Davis must not leave the San Francisco Bay area, and that she must make regular reports to the court on her whereabouts.
He turned down a request by the prosecution that Davis not be granted bail until the Supreme Court decision becomes final next month.
Arnason had previously said he could not allow bail to the 28-year-old Communist and former UCLA instructor because of a state law forbidding bond for defendants accused of a capital crime.
Albert Harris Jr., an assistant state attorney general, said he told Arnason that any decision on bail for Davis should be deferred until the death penalty ruling becomes final March 17.
The State Supreme Court decision outlawed capital punishment as a violation of the State Constitution. Attorney General Evelle Younger has petitioned for a rehearing.
If the decision stands, Harris said, all those in the state would be eligible for bail, no matter how severe the crime or how great the possibility the defendant would flee.
A small crowd of Davis’ supporters gathered outside the heavily guarded Santa Clara County Courthouse Wednesday morning as the closed hearing started, and slowly grew in anticipation that she might be released some time in the afternoon.
Davis’ attorneys said they
were hopeful the money could be raised by last night. The county clerk’s office closed at 5 p.m., but Sheriff James Cleary was authorized to accept the bail money later.
The judge’s order included a long list of conditions. Davis was ordered not to discuss the trial in public, not to attend rallies or public meetings without permission of the court, not to “possess or control any firearms” and to take up residence in Santa Clara County. She was also ordered not to travel by air.
Davis’ long-delayed trial will get under way before Arnason after the lengthiest pre-trial hearing in California history, caused mostly by dozens of motions and legal maneuvers by the defense for more than a year.
In San Francisco, meanwhile, the state brought to the State Court of Appeal a ruling by Arnason last week granting the defense the right to see dossiers which may have been compiled on any prospective jurors by the FBI, the CIA or other civilian agencies.
Davis is accused of supplying the guns used by three San Quentin convicts and an outside accomplice in kidnapping Judge Harold Haley from his courtroom Aug. 7, 1970.
issue,” and the jury “is sequestered so as to make it absolutely impossible for the defense to win.” Because of their enforced isolation, he said, jurors begin to resent a long trial and especially resent the defense, since the defense goes last.
The government has two purposes in a conspiracy trial, said Kunstler. The first is to scare people, he said, “but number two, and more important, is to generate hatred for social movements and support for government policies.”
According to Kunstler, the government failed to achieve these purposes in the conspiracy trial of Dr. Benjamin Spock and five others in Boston. “A beloved pediatrician is hardly the prototype of the American radical revolutionary. He just didn’t look like the devil,” said Kunstler.
Spock was accused of conspiracy to subvert the Selective Service morals of American youth,
said the lawyer, who compared the trial to that of the philosopher Socrates in ancient Athens. The convictions were eventually thrown out by an appellate court.
In the Chicago 8 trial, the government included Yippies, members of the academic community, white radicals and a black in the conspiracy in order to excite the public, said Kunstler. In the Harrisburg 8 trial it is attempting to do the same with “tarnished priests and nuns” and even a Pakistani teacher, he said, who’s “brown enough to pass for black for some people’s consumption.
“If we were a people of more fire and spirit we would have gone into the streets over these things. We don’t really see how the lash is on our shoulders as well.
“I am a firm believer that nothing short of perpetual confrontation with power will hold it in check.”
TRYING TO DESTROY SYSTEM
Due to technical difficulties stemming from tree branches, the Festival of the Arts ferris wheel had to be uprooted and rebuilt. Because of the delay, the free attraction will be in operation through Friday.
Little Richard, rock and roll star, and Stanton Friedman, flying saucer expert, will highlight today’s events as the ASSC Festival of the Arts reaches its mid-way point.
Friedman, a nuclear physicist and lecturer, will speak at noon in Bovard Auditorium on the existence of UFO’s in his speech, “Flying Saucers are Real.” He will use film slides to explain why he believes that vehicles originating from off the earth exist.
Little Richard, with Flash Cadillac and the Continental Kids, will perform in Bovard at 8 tonight. Tickets for the show are $2 and $2.50 for students, and $4 and $4.50 for others.
Free brochures describing the Festival of the Arts activities for the remainder of the week are available in the Student Activities Center. DT photo by Will Hertzberg. v — ................................ ■ —■»
By GUNTHER MERLI Staff Writer
The crime of conspiracy, William Kunstler said yesterday, is a “device used to punish people for their fantasies. It is not used to punish them for what they did or tried to do, but for what they thought about doing.”
Kunstler, who won notoriety as the defense lawyer for the Chicago 8, talked about three major conspiracy trials — that of Dr. Benjamin Spock, of the Chicago 8, and ofthe Harrisburg 8 now taking place in Pennsylvania — and their importance in American society. His listeners filled Bovard Auditorium.
Kunstler, whose graying hair reaches his shoulders, admitted his purposes at the outset. “I am a notorious subversive and am here on that mission today,” he said. He added that he can’t call himself a revolutionary or a radical because as a lawyer, “I work at least temporarily within the system.”
He described America’s laws as “designed to control the controllable and to destroy those who are not (controllable).” The conspiracy law, said Kunstler, is a convenient device against those who would “destroy the government, overthrow tyranny, or alter the system” and is invoked extensively.
The informer who testifies for the government, said the lawyer, is a part of every conspiracy trial. “You cannot refute the word of an informer. There is no way to contradict him. All you can do is prove he wasn’t there.” Because of the lack of objective evidence, explained Kunstler, “it always becomes a jury
Kunstler’s
By RICH WISEMAN City Editor
“What the hell am I supposed to speak about—‘Justice on Trial?’ I’m disappointed. I had wanted to speak about Japanese flora and fauna.”
It was 11 a.m. as William Kuns-tler sat in the sun of the Sidewalk Grill patio making Smalltalk with several law students. In two hours he would step up to the podium of Bovard Auditorium to deliver his 150th speech in the last 12 months, his 300th since the Chicago Seven trial, which has established him as the legal guru of the civil rights movement.
Kunstler thumbed through a copy of the day’s Daily Trojan. His eyes rested on the article about Kent Clemence, ASSC president. He was intrigued by Clemence’s apparent defense of the Board of Trustees over their reluctance to include student representation on the board.
“How do you pronounce his name—‘Cle’man-ce?’ I’ll be sure to use some of this crap in my speech. I guess he just personifies the bullshit around.
“It’s long been a ploy for colleges to invoke the feeling that young people have no political maturity. But what about the assholes who sit on the board? What political maturity do they have?”
Has life changed for Kunstler since the Chicago Seven trial? “You’re goddamn tootin’ it has,” he said. He said he regards himself now as a “double agent” in that he still works within the “system” but is utilizing his talents to destroy it as it exists today.
“And I’ve grown to love dope,” he added. He likened today’s laws against marijuana possession to the liquor prohibition of the 20s because the “breakers of the law are more numerous than the followers.” He forecasts that in two years all penalties regard-
life altered
ing possession will be removed because they are proving impos-sible to enforce. “Even in America you reach an area of utter irrationality,” he said with a laugh.
Kunstler’s new lifestyle also embraces a new view on man-woman relationships. Although married for 30 years, he now opposes marriage on the grounds that it’s “just a contractual thing dictated by the state for economic ends.” But while he’s into communal living it hasn’t affected his marriage. “We’ve managed to remain friends and lovers,” he said.
Kunstler today has his pick of the most publicized civil rights cases, although he modestly said he takes “whatever comes along.” Carlton Lewis Armstrong, a long-sought suspect in the bombing of a University of Wisconsin research building, is his newest client.
“There are many ways to fight the system,” he said. “I haven’t gone as far as to advocate the bombing of courthouses—not
yet.”
WILLIAM KUNSTLER